Record BIS Fines for Export Violations by Acquired Companies
January 15, 2003
Sigma-Aldrich Corporation has agreed to pay a $1,760,000
fine to settle charges that a company the corporation had acquired was making
unauthorized exports of controlled biological toxins. The settlement was reached
after an Administrative Law Judge decided that companies can be held liable for
export control violations committed by firms they acquire. View the opinion
online at
http://www.bis.doc.gov/Enforcement/CaseSummaries/Sigma_Aldrich_ALJ_Decision_02.pdf.
In this case, Sigma-Aldrich failed to uncover the prior, unlicensed exports and
allowed them to continue for more than one year after acquisition. The fine
imposed is one of the largest penalties ever paid to the Bureau of Industry and
Security (BIS) for violations of U.S. export control regulations. Sigma-Aldrich
could have avoided this situation by conducting a thorough scrutiny of the
company’s export control practices prior to acquisition, and by instituting a
sound export control regime in the acquired company.